Thread: hailfax action (*default*) **WON**

hi, new on here. i had an account with the hailfax untill i had enough off their charges and closed my account i dont have any statements anymore but recon that i paid them over £800 in charges.

I went into the branch to close my account, paid any pending charges and my overdraft off, this was back in september of last year, the following month i received a letter saying that i was overdrawn by £45. £15 payment to aol and there £30 charge. i phoned them stating that i closed my account last month and no money should have left the closed acc. eventullay they agreed to drop the £30 charge and write off the £15 payment to aol.

The account was not closed down correctly because the bank clerk missed a debit intrest payment, which is why the acc remained open, they said they will now close the account for the second time.a few days latter i recieved a letter stating that the acc was now closed.

I moved house in october last year,in december i recieved a letter forwarded on from my letting agent from the Halifax saying that i was overdrawn again and that new charges had been aplied, i phoned them at their collection department stating that i closed this account last september. the chap on the phone found the letter on his system,he said it was a hailfax error, so i left it at that . I received many more phone calls on this outstanding balence, i kept telling them its was there error and i was not intrested.

It was not untill i checked my creidt file on line that they have my account as more than 3 months in arrears. i phoned them again and called into a branch both off them told me that it was bank error but could not do anything about it again i left it at that, phoning there 0870 number costing me money.

It was not untill i applied for a mortgage that it came back to haunt me again, in the middle off an application with one bank they slapped a default on the acc. this redeuced the amount the new lender would lend me so no mortgage, i had to use a high risk lender as none of the main banks would lend to me now that i have a default that was recently issued.

i then went back into a halifax branch and said i would not leave untill they sorted this out,they then phoned there buisness centre and spoke to person there,by now there was £95 overdrawn and about £180 charges. they also said that letters have been sent out to me, i told them that i have changed address, her reply was why did I not inform them my reply was the account was closed and they did not need my new address. she then said they were prepaired to drop all the charges if i paid the £95, i said i would be prepared to pay if they put right my creidt file, i wanted complete removal off the default, " I need to speak to my manager" yes we will do this if you pay the £95. not untill i get written comformation of this was my reply.i have now a written letter from them with this in writting.

after reading this forum i now dont want to pay them a penny and now will try and recover all my charges, and then hailfax cc for about £400,RBS £600,yorkshire £2000, Barclays £600 or s o.

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I have sent off my DPA request today the 22 may o6, both for my bank account and my old credit card, sent them both of separatly on special delivery with £10 cheque

will wait now until i hear from then again.

Also in dispute over default they have issued on my closed account which has caused me problems with getting a mortgage.


Am i entitled to chase them for compensation as i had to use a company which charges me a higher rate off interest than i could have got with a high street bank?

DPA letters received by Halifax today, signed for. 40 days to go.

last September i closed my account,

one month latter Halifax wrote to me to say i was overdrawn on this account.

i phoned then to say that i closed the account last month.with a bit of arguing they finally decided to close the account again, and to write off the aol payment that had been taken and the charge for going overdrawn, this was even thou there used to be an agreed overdraft on the account there should have been no charges.

about a week latter i received a letter from them stating that they had closed the account. of so i thought,

i then moved house, 3 months latter i got a letter from them again requesting more money as they had not closed the account again because some one left on debit interest which made the account still active, allowing AOL to come in and take more money from my closed account

i requested that the Halifax close this account twice and still they have not closed it,

they have defaulted me, and the debt is over £270

they are prepaired to remove the charges if i pay the £90 which they paid aol.

i did verbally agree to this if they removed the defalt completly.

i need to tackle this default and the fact i now have had to pay extra intrest on my mortgage and cant get credit because of the default.

Hi

From the information outlined here, you certainly appear to have options. The fact that this default has now caused 'secondary' loss in so far as having to pay more for your new mortgage, is concerned, you might be best advised to read through the DPA section with a view to action under that legislation.

I believe that would give you an option for damages.

A straight request like the bank charge step-by-step guide could also see the removal being added to your claim (very much like my circumstances) and the bank (also the Halifax) would have to remove completely if they settled out of court. Contesting the issue would mean disclosing evidence of their charging structure... It's argued in that case that had it not been for the unlawful charges, the default would never have existed.

How much of the DPA section have you read in relation to this matter? I think, although relatively new to our site, it could be the option most suited here, but you have to make your own mind up as ever.

I have not yet taken onboard the full implications of the DPA in this regard, so hopefully another, more informed bit of advice will follow from elsewhere soon

Best of luck
John

payment received and cashed by Halifax, also sent me back the other cheque that i had sent to dpa my cc,all the info is covered by one payment.

also said no can do on the manual intervention,so there is none.


they state that i should have my statements/transactions no latter than the 1 July which is the very last day which they had to comply.

first draft on this,letter for the Halifax about default

my name.

there horrible name.

date.

dear sir/maden.

1. I requested that you close my account on the (date), which was done in the wellingborough branch of the halifax.

As in your terms and conditions i would need to repay any monies due to the halifax in overdrafts,penently charges debit intrest and my bank card which i did so.

2. I recevied a letter dated(date) reqesting 45.00, i phoned your telephone banking, stating that i closed that account last month, which in the end i was told the account was not closed down corretlly and would be closed again.

3. I received a letter from the halifax stating that the account was now closed which was the end of any contract between me and the bank.

4.I then moved house which i did not require to tell you.

5.I had a letter forwarded on to me from my old address, which you reqested more money and more penalty charges, which when i phoned you telephone banking i was told that 1. they can do nothing about it as the account had be passed on to another department, and 2. not to worry as it was a halifax error, i have phoned on several occasions to rectify this on you 0870 number at more expense incurd to me, with much the same outcome,

6.I also qerried the details on my credit file with equifax, it was showing 3 months arrears of which they came back to stating that the information was correct.

6.You then issued me with a default notice which is registred on my credit file, in order to do so the bank must write advising me that this is the action the bank has chosing to take,the bank has never had my new address to do so untill after the default was served, this was unlawfully servered.

7, this default has caused me to incurr secondery losses,which now i will seek legal advice on reclaiming it back.

yours
alymac

Hi alymac

I think you should send them, separately, a Section 10 Notice from our templates library to the main Halifax address (Trinity Road), and also a letter explaining certain points in detail (see below).

They have 21 days to respond to the Section 10.

You will obviously need to amend the letter below with the correct dates etc, in fact anything in red if it is not relevant.


****************

Your full address
Postcode


25 May 2006

The Data Controller
HBOS PLC
The Mound
EDINBURGH
EH1 1YZ

Request for removal of prejudicial information on credit reference file

Dear Sirs,

I am writing to ask you to remove the prejudicial information posted on my credit reference files.

On or around XX/XX/XXXX I visited your Wellingborough Branch to affect the termination of my account (number XXXXXX). At this point, I paid all outstanding sums and surrendered my bank card and cheque book.

Your then contacted me by letter on XX/XX/XXXX and advised further charges of £45.00 which I queried by telephone on the same day. I was advised that the account had not been closed 'correctly' and that this would now be actioned. I was also told that the charge would not be payable, since the error was on your part.

On XX/XX/XXXX I received written confirmation of the account closure.

On or around XX/XX/XXXX I moved house and, since I was no longer a customer of HBOS PLC I did not feel obliged to contact you regarding this matter. However, further mail was sent to the previous address and this was not forwarded to me for some significant time. It appears that further charges were added to this 'closed' account and that you believed I was responsible for repayment.

Once again, at considerable time, effort and expense on my part, I telephoned to discuss these new charges and it was, once again, confirmed that this was an internal error and that I should take no further action regarding these requests, although the details could not be discussed further since they were now being handled by a separate department.

I am, quite frankly, amazed at the level of incompetence I have encountered in relation to this matter.

More seriously, having checked my Credit Reference Files, I have found that your organisation has passed on inaccurate prejudicial information regarding this account, namely;

a) 3 monthly notifications of account arrears

b) a default notice recorded against this account dated XX/XX/XXXX

I have no knowledge of any intention by your bank to instigate such a default and can only presume that, if one was issued, it was posted to my previous address.


Your responsibilities
I would draw your attention to the Data Protection Act 1998 and, in particular, to section 14 which requires accurate processing of information about customers. My credit reference file shows both a "Default Notice" and "late payment" marks has been issued by your company. This is clearly an error.


What I require
I require removal of the prejudicial information posted on my credit reference files. I will give you 14 days to reply to me accepting, unconditionally, my request in principle and letting me know a date by which this will happen.
Please note that a mere correction will not be acceptable.

If you do not respond, or you do not respond positively within this time period, I shall send you a letter before action giving you a further 14 days in which to reflect. I believe that these targets are more than sufficient for a large company such as yours with dedicated staff and departments.

After that, there will be no further communication from me and I shall issue a claim at the expiry of the second deadline.
By doing so, you will also be liable for my court costs.


Yours faithfully


SIGN HERE


PRINT NAME HERE

hi, thanks for that jonni2bad, sound a lot better now, will send it off asap, i don't have any dates off letters so will just put in roughly the month,

whats the chances of going for secondary losses on this?

it has cost me more than £70 each month on my mortgage, and about £50 in interest as i could have put my cc on a 0% card, all off which have been refused because off the default on my file,

the Halifax have issued me a letter stating that they will completely remove the default if i pay them £90 which is from the money they paid out to aol, £15 off which they had already wrote off,the further £180 in charges they will write off.

Is this the only default you have?

hi, yes this is the only default, only a couple off late cc payments that are well over 6 months old,

From the details above, I think you have a very good claim. Let's see how they respond to the Section 10 (they have 21 days) and the letter above.

above letter sent to the Halifax,concerning the default.will post on there reply.

the deadline for my dpa request is the 1st off july, halifax are cutting it fine with this one.

dpa non compliance


my dpa request deadline was today, no statements from then, they did acknowledge my request and did state that i should have them by my deadline off the 1st July,

day 41 in the alymac house, still no statements from the Halifax, phoned them,answerd by 13 year old by the sound of it, could not have a go as she was strugling, there reply was that they were orded but the system did not send them out, likly story, got to now tell on them, makes you laugh if it was the other way round i would have got penalised with a £35 charge how do they get away with it?

update on default removal: had letter on the 7th july stating that they will now remove the default,

had another letter on the 24 th july stating the same but added this little gem: "i can confirm that we will provide the credit reference agency with relevent information ,who will amend your file accordingly to ensure that you are not penalised due to our error."

well its too late i have been penalised due to this error by the hailfax having to pay an extra £70 on my mortgage solely because of the default,

now i need to know how to start a claim against them for their error,any ideas are welcome.

Include it in your claim!

Are you sure this was the only thing that you have suffered financially because of the default?

i also have a £4000 cc debt that i would have swapped onto a 0% card but cant get another deal not even Egg who i have used for the last 6 years for loans and never missed a payment will not give me a egg card,

last late payments noted on file: oct 05, sept 05, april 05, jan 05.

these was on 3 seperate accounts.

mortgage broker at the time stated the problem was because of the recent default.

also have been paying equifax £7.50 to check up on my file since they defaulted me.which has been over 6 months on my file.

i reckon they have put me out off pocket by £70 per month untill i can remortgage, in one years time.

£60 on interest each month on my cc for the last six months, and £7.50 to keep checking my credit file.

this amounts to £1245 which i would be happy enough with

I don't think that the experian charge is recoverable, since there was no actual need to subscribe to it.

I would, however, think more seriously about the PM I sent you.